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Legal Update

New Regulations For Visa Extensions

12 November 2007
Mayer Brown JSM Legal Update

Summary

In order to tighten immigration procedures for foreign nationals, the regulations concerning visa extension applications have been amended to be more rigid and comprehensive by the Immigration Bureau.

Full Update

The Immigration Bureau, the governmental authority who is responsible for visa applications, has revamped and revised its procedures and requirements extensively.

The major changes are:

   Previously, a copy of the employing company's affidavit and list of shareholders could be certified as a true copy by the authorised director(s) of the company with the company's seal affixed. Currently, the amended regulations state that the corporate documents must be issued by the Ministry of Commerce and they must be obtained each time a visa application is applied for.

   Previously, a copy of the employing company's audited balance sheets could be certified as a true copy by the authorised director(s) of the company, with the company's seal affixed. The amended regulations now state that the copy of the balance sheets must be certified as true copies by the Ministry of Commerce or the Revenue Department or every page is to be certified by the company's auditor.

   Previously, a copy of the applicant's Personal Income Tax Return Form (Por. Ngor. Dor. 91) and a copy of its official receipt certified by the applicant could be submitted as a supporting document. Currently, the amended regulations state that a copy certified by an official of the Revenue Department is required for submission.

   Previously, a copy of the employing company's Withholding Income Tax Return Form (Por. Ngor. Dor. 1) and a copy of its official receipt certified by the authorised director(s) with the company's seal affixed could be submitted as a supporting document. The amended regulations state that a copy certified by the official of the Revenue Department is required for submission.

   Previously, a copy of the employing company's Social Security Fund Return Form (Sor. Por. Sor. 1-10) and a copy of its official receipt certified by the authorised director(s) with the company's seal affixed could be submitted as a supporting document. Whereas, the amended regulations state that a copy certified by the official of the Social Security Office is required for submission.

   A marriage certificate and/or birth certificate, if required, could be notarised by the embassy or consulate of the country of the applicant's nationality for the first submission and, thereafter, it could be certified as true copies by the applicant for an extension. The amended regulations state that every time the visa is applied for, the marriage certificate and/or birth certificate, if required, must be notarised by the embassy or consulate of the country in which the documents are issued.

Comments

These amendments and changes to the procedures of the Immigration Bureau have made the process of applying for visa extensions much more laborious.

These amendments will require companies who employ foreign nationals, as well as individuals seeking visa extensions, to allow for plenty of time to comply, prepare and lodge their applications as the process of obtaining official certified documents takes between two or three weeks to complete.


For further information, please contact:

Name: Chinachart Vatanasuchart
Phone: +66 2 677 7555
Fax: +66 2 677 7599

Name: Sirirasi Gobpradit
Phone: +66 2 677 7555 x135
Fax: +66 2 677 7599
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